Section 0940-05-42-.27 - SERVICE RECIPIENTS' RIGHTS(1) All applications, certificates, records, reports and all legal documents, petitions and records made or information received pursuant to treatment in an OTP directly or indirectly identifying a service recipient shall be kept confidential and shall not be disclosed by any person except the individual identified.(2) Nothing in this rule shall prohibit disclosure, upon proper inquiry, of information as to the current medical condition of a service recipient to any member of the Facility of a service or to the service recipient's relatives or friends in accordance with T.C.A. § 33-3-103; Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations at 45 Code of Regulations (CFR) Parts 160 and 164, Subparts A and E; and Confidentiality of Alcohol and Drug Abuse Service Recipient Records regulations at 42 CFR Part 2.(3) Service recipients shall not be abused or neglected.(4) Facilities shall develop and implement written policies and procedures regarding the rights and responsibilities of service recipients under Rules 0940-05-06-.07 and 0940-05-06-.08 and the handling and resolution of complaints.(5) Other service recipient rights include:(a) Right to a humane treatment environment that affords reasonable protection from harm, exploitation, and coercion;(b) Right to be informed about the IPP and to participate in the planning, as able;(c) Right to be promptly and fully informed of any changes in the plan of treatment;(d) Right to accept or refuse treatment;(e) Right to receive a written notice of the address and telephone number of the state licensed authority, i.e. the Department; and(f) Right to obtain from the Facility, upon written request, a copy of the Facility's most recent completed report of licensing compliance inspection. The Facility is not required to release a report until the Facility has had the opportunity to file a written plan of compliance for any violations as provided for in these rules.(6) The written policies and procedures shall include provisions for service recipients and others to present complaints, either orally or in writing, and to have their complaints addressed and resolved as appropriate in a timely manner.Tenn. Comp. R. & Regs. 0940-05-42-.27
Original rule filed September 20, 2012; effective December 19, 2012.Authority: T.C.A. §§ 4-3-1601, 4-4-103, 33-1-302, 33-1-305, 33-1-309, 33-2-301, 33-2-302, and 33-2-404.